So for the conspirators to be liable for the baby’s death, they would have to foresee that the guard would miss Judge and kill a baby? (It was the guard right? Or did I misread earlier?)
I think the fact that since Judge decided to bring along a gun in the first place, with the intent to use it in the course of the robbery, made it “dangerous to begin with”.
They probably didn’t need to forsee the precise fact that a guard would miss and shoot a bystander not even in the bank. However, they probably could have forseen Officer Murphy and his Law making everything go wahooni-shaped, leading to several people getting shot.
I totally forsee that bullets sometimes miss and missed bullets sometimes hit bystanders.
Gun safety 101: Every bullet fired stops in something. And if you’re not aiming at a target range, you had better be expecting it to stop in someONE who you hope to be killed.
And now to echo a previous comment I made about the unjustness and questionable constitutionality of the rule of law known as felony murder:
Felony murder is a charge that aside from being inherently unfair, is disproportional with punishment (treating what should be manslaughter as equivalent to first degree murder, and setting a much lower bar to convict for it), and quite possibly unconstitutional (specifically violating the 8th and 14th amendments), and unfairly treating intent to commit a crime, such as robbery in this case, as equivalent to intent to murder. And the points I brought up are only SOME of the problems with felony murder; there’s many more, which I won’t mention here.